THE HONGKONG GOV" GAZETTE EXTRAORDINARY, 9TH DEC., 1891. 1125
Provided that unless and until such general rules are made rescinded or varied the general rules in Table H of the schedule to this Ordinance shall apply.
(12.) The expression "prescribed" in the provisions of this Ordinance relating to the detention of ships or Courts of Survey means prescribed by such rules.
(13.) The Court may make such order with respect to the costs of any investigation under this section as they think fit, and such costs shall be paid accordingly, and shall be recoverable in the same manner as a civil debt pursuant to the provisions of the Magistrates Ordinance 1890.
(14.) Nothing in this section contained shall be deemed to affect in any way the jurisdiction of the Colonial Court of Admiralty of the Colony.
Appeal on refusal of certain Certificates to Ships. 14. (1) If a ship-owner feels aggrieved→ ·
(a.) By a declaration of a Government Surveyor or Surveyors under sub-section 8 of section 5 of this Ordinance, or by the refusal of a Surveyor to give the said declaration; or
(b.) By the refusal of a certificate of clearance for an emigrant ship under, "The Chinese Passengers Act, 1855," or the Ordinances relating thereto; or (c.) By the refusal of a certificate of clearance under
this Ordinance,—
the owner, charterer, master, or agent may appeal in the manuer prescribed by the General Rules in Table H hereto to a Court of Survey, and upon constitution thereof by the Governor, such Court may make such order with respect to the costs of any such investigation as they think fit, and such costs shall be paid accordingly, and shall be recoverable in the same manner as costs in summary proceedings before any Police Magistrate.
(2.) On such appeal, the Court of Survey shall report to the Governor on the question raised by the appeal, and the Governor, when satisfied that the requirements of the re- port and the provisions of the enactments have been com- plied with, may give the certificates required.
(3.) Subject to any order made by the Court of Survey the costs of and incidental to an appeal under this sectiou shall follow the event.
(4.) Subject as aforesaid, the provisions of this Ordinance with respect to the Court of Survey and appeals thereto, so far as consistent with the tenour thereof shall apply to the Court of Survey when sitting under this section, and to appeals under this section.
(5.) Where the survey of a ship is made for the purpose of a declaration or certificate under the said enactments, the person appointed to make the survey shall, if so required by the owner, charterer, or ageut, be accompanied on the survey by some competent person appointed by the owner, charterer, or agent, to be approved by the Governor, and in such case, if the said two persons agree, there shall be no appeal to the Court of Survey in pursuance of this section.
(6.) It shall be lawful for the owner, charterer, master, or agent of any ship preferring any appeal under this section on or under section 9 (d) of this Ordinance in and by the notice of appeal required by the General Rules in Table H, hereto, to give notice that he objects to the Marine Ma- gistrate being a member of the Court of Survey, stating the grounds of his objection, and thereupou the Harbour Master shall forthwith forward such notice to the Governor, who may in his discretion direct that the Marine Magistrate shall not be a member of such Court of Survey.
CHAPTER IV.
BOARD OF EXAMINERS.
15. (1.) Examinations shall be instituted for persons who intend to become masters, engineers, or mates of foreign going ships, or who wish to procure certificates of compe- tency as hereinafter mentioned.
(2.) The Governor in Council may, from time to time, lay down rules as to the conduct of such examinations, and as to the qualifications of the applicants, and such rules shall be strictly adhered to by all examiners.
(3.) Whenever any person shall be desirous to obtain a certificate of competency as master, first, second, or only mate, or engiucer in the mercantile marine, he shall give notice in writing to that effect to the Harbour Master, who shall forward the same to the Governor..
(7bich sub-s 12.)
Court way order payment of costs of any investigation. (Ibid. sub-s. 13.)
Jurisdiction
of the Colonial Court of Admiralty not to be affected.
Appeal to Court of Survey. (Ibid. s. 14 (1).)
Report of Court of Survey on appenÏ.
(Ibid. sub-s. 2.)
No appeal to Court of Survey in certain case, (hud, sub-s. 5.j
Objections to constitution of Court.
Examinations. (Ibid, sec. 15.)
Bules for. (Ibid. sub-a. 2)
Applicant to give notice to Harbour Master. (Ibid. sub-8.3.)